Whether civil penalties imposed under 31 U.S.C. § 5321(a)(5) that are avowedly deterrent and noncompensatory are subject to the Eighth Amendment's Excessive Fines Clause

QUESTION PRESENTED The Bank Secrecy Act and implementing regulations require U.S. persons to file an annual report—called an FBAR—if they have foreign bank accounts containing more than ten thousand dollars. The maximum civil penalty for willfully failing to file the report is either $100,000 or half the balance in the unreported account, whichever sum is greater. 31 U.S.C. § 5321(a)(5)(C)-(D). Using this formula, the government imposed on petitioner a civil penalty of $2,173,703.00. The question presented is whether civil penalties imposed under 31 U.S.C. § that are avowedly deterrent and noncompensatory—are subject to the Eighth Amendment’s Excessive Fines Clause.